The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below against the defendant is too unhued.

2. In light of the fact that each of the crimes of this case committed by the Defendant, while under the influence of alcohol 0.164%, was driven by a motor vehicle while under the influence of alcohol 0.164% and caused blood alcohol concentration and traffic accidents that shock the taxi at the time, the issue is not easy, and that there was a history of punishment twice for the same kind of crime previously committed.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) there is a family to support the Defendant, including two children, who are the wife and elementary school students; (c) there is no doubt about the economic situation; and (d) the Defendant’s wife wanting to take the Defendant’s wife while preventing the recidivism; (b) the lower court appears to have determined the Defendant’s punishment by comprehensively taking account of various circumstances; and (c) other circumstances, including the Defendant’s age, environment, occupation, family relationship; (d) the background leading to the instant crime; and (e) the circumstances following the instant crime, etc., the lower court’s punishment is deemed unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.